1. (a) The Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate shall present to the Secretary of State an application, signed by each of them, for the formation of the Alabama Growth Alliance, as a public corporation, having a legal existence separate and apart from the state and any county, municipality, or political subdivision, which shall set forth all of the following:

   1. (1) The name, office, and office location of each of the applicants.
   2. (2) The date on which each applicant was sworn into office for his or her current term of office.
   3. (3) The name of the proposed public corporation, which shall be the Alabama Growth Alliance.
   4. (4) The location of the principal office of the proposed corporation.
   5. (5) Provisions requiring the board to support the Department of Commerce in the development of a recommended annual strategic economic development plan for the state and standards of measure to be used in measuring the corporation’s achievements in executing the plan.
   6. (6) Provisions requiring the board to review the state’s primary economic development incentives on a biennial basis and reviewing the effectiveness of the incentives to create jobs, attract new business, encourage existing business expansions, and achieve other goals as may be determined by the board, in cooperation with the Joint Legislative Advisory Committee on Economic Incentives or any third party contracted with by that committee.
   7. (7) Any other matter relating to the corporation that the applicants may choose to insert and that is not inconsistent with this article or state law.
2. (b) The application shall be subscribed and sworn to by each applicant before a notary public. The Secretary of State shall examine the application, and, if he or she finds that the application substantially complies with the requirements of this section, the application shall be filed and recorded in an appropriate book of records in the office of the Secretary of State.
3. (c) When the application has been made, filed, and recorded as provided in subsection (b), the applicants shall constitute a public corporation under the name stated in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the state, and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any filing made by the corporation pursuant to this article.
4. (d) Notwithstanding any provision of law to the contrary, any corporation incorporated pursuant to this section shall not be deemed to be a part of the state for any purpose but shall be treated as a public corporation separate and apart from the state.

(Act 2024-309, §2.)